The appellant appealed the trial judge's dismissal of his application for a stay of proceedings under s. 11(b) of the Charter.
The appellant argued that a period of delay caused by missing video disclosure should not have been attributed to the defence.
The Superior Court of Justice found no error in the trial judge's conclusion that defence counsel failed to exercise due diligence by not reviewing the disclosure until the eve of trial.
The appeal was dismissed as the net delay fell well within the Jordan ceiling.
